TERMS AND CONDITIONS

These are the Terms and Conditions (“Terms”) of Maveny (“Maveny”), a company located at Transvaalstraat 131A, 1092HJ, Amsterdam. By accessing or using (mobile) applications, websites or any other Maveny service (together, the “Service”) made available by Maveny, however accessed, Maveny User (the Receiving Party hereinafter “User”) agrees to be bound by these Terms. The Service is owned or controlled by Maveny. These Terms affect User’s legal rights and obligations. If User does not agree to be bound by all of these Terms, User shall not access or use the Service.

Recitals

1. Maveny is an exchange for feedback, where a Maveny User may submit a creative written work, such as a logline, synopsis or screenplay, for Creative feedback and analysis from another User, who in turn may receive “Credits” which may be exchanged for, among other things, feedback or services from other Maveny users.

2. User understands that the Service receives numerous submissions of ideas, formats, stories, screenplays, pitches, suggestions, character descriptions and the like; further, User understands that many such submissions are similar to ideas, formats, stories, suggestions, pitches, screenplays, characters and the like already developed, created, or explored by Maveny or its employees, sponsors, affiliates, parent company, industry professionals, partners, subscribers, users or to anyone else related to Maveny.

3. User acknowledges that, except as otherwise provided and authorized in these Terms, Maveny will not appropriate or economically exploit any intellectual property that is transmitted via the Service, however User also acknowledges that there could be similar ideas, formats, stories, suggestions, screenplays, pitches, characters and the like which are in development, produced, or worked on by Maveny and its employees in conjunction with any number of partners. User agrees that Maveny has no obligation to User except as set forth in this Agreement and that no other obligations exist or shall be deemed to exist. User further acknowledges that at this time Maveny has no intent to compensate User in any way and User has no expectation of receiving any compensation from Maveny.

4. User understands and agrees that Maveny and Maveny’s partners and affiliated organizations use of materials containing elements similar to or identical with protected literary property contained in User’s material shall not obligate Maveny to User in any manner, or in connection with Maveny’s failure to compensate User for Maveny’s use of the material, and that if any suit is so brought, Maveny shall be entitled to equitable relief to enforce the provisions of this agreement.

5. User acknowledges that by using the Service, User does so at their own risk and Maveny accepts no responsibility for the actions of other Users on the platform.

6. By using the Service, User acknowledges that they have read, understand and agree to Maveny’s entire Privacy Policy and Terms of Service.
7. The Parties hereby agree to enter into this Agreement for the purpose of protecting their respective rights and intellectual property.

Registration and Account Security

1. User must be at least 13 years old to use the Service.

2. User is solely responsible for any activity that occurs through User’s account and User agrees that User will not sell, transfer, license or assign User’s account, username, or any account rights to a third party. Maveny prohibits the creation of accounts for third parties, with the exception of people or businesses that are expressly authorized to create accounts on behalf of their employees or clients. Unless so expressly authorized, User agrees that User will not create an account for anyone other than User.

3. User represents and warrants that all information User provides to Maveny upon registration and at all other times shall be true, accurate, current and complete and User agrees to update User’s information as necessary to maintain its truth and accuracy.

4. User agrees that User will not solicit, collect or use the login credentials of other Maveny users.

5. Except as expressly authorized by Maveny, User shall not attempt to restrict another user from using or enjoying the Service and User shall not encourage or facilitate violations of these Terms or any other Maveny terms.

6. User is solely responsible for keeping User’s password secret and secure.

7. User shall not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.

8. User is solely responsible for User’s conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, works of authorship, applications, links and other content or materials (collectively, “Content”) that User submits, posts or displays on or via the Service.

9. Violation of these Terms may, in sole discretion of Maveny, result in termination of User’s Maveny account. User understands and agrees that Maveny cannot and will not be responsible for the Content posted on the Service and User uses the Service at User’s own risk. If User violates the letter or spirit of these Terms, or otherwise creates risk or possible legal exposure for Maveny, Maveny may stop providing all or part of the Service to User, in Maveny’s sole discretion.

Safety

1. User shall not create or submit unwanted email, comments or other forms of commercial or harassing communications (spam) to any Maveny users.

2. User shall not defame, stalk, bully, abuse, harass, threaten, impersonate, discriminate or intimidate people or entities via the Service. User shall not post private or confidential information via the Service.

3. User may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive content via the Service. The determination of whether content is in violation of this term is within the sole discretion of Maveny, unless otherwise subject to an administrative or judicial order.

4. User may not use the Service for any illegal or unauthorized purpose. User agrees to comply with all laws, rules and regulations (for example national, state, local and provincial) applicable to User’s use of the Service, including but not limited to, copyright laws.

5. User shall not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. User shall not inject content or code or otherwise alter or interfere with the way any Maveny page is rendered or displayed in a user’s browser or device.

6. User shall not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or Maveny.

General Conditions

1. Maveny reserves the right to modify or terminate the Service or User’s access to the Service for any reason, without notice, at any time, and without incurring any liability to User. If Maveny terminates User’s access to the Service or if User deactivate User’s account, User’s account and all other data will no longer be accessible through User’s account (e.g., users will not be able to navigate to User’s username and view User’s photos), but those materials and data may persist and appear within the Service.

2. Maveny reserves the right to force forfeiture of any username for any reason and in its sole discretion.

3. Upon termination, all access and usage rights granted to User in these Terms will immediately cease.

4. Maveny reserves the right to refuse access to the Service to anyone for any reason at any time and in its sole discretion.

5. Maveny may, but has no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that Maveny determine in its sole discretion violates these Terms. Maveny reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by Maveny, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, Maveny encourages User to maintain User’s own backup of User’s Content. Maveny is not a backup service and User agrees that User will not rely on the Service for the purposes of Content backup or storage. Maveny shall not be liable to User for any modification, suspension, or discontinuation of the Services, or the loss of any Content. User also acknowledges that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.

6. User agrees that Maveny is not responsible for, and does not endorse, Content posted within the Service. Maveny does not have any obligation to prescreen, monitor, edit, or remove any Content. If User’s Content violates these Terms, User may bear legal responsibility to Maveny or a third party for that Content.

7. Except as otherwise described in the privacy policy of Maveny and these Terms, as between User and Maveny, any Content will be non-confidential and non-proprietary and Maveny shall not be liable for any use or disclosure of Content. User acknowledges and agrees that User’s relationship with Maveny is not a confidential, fiduciary, or other type of special relationship, and that User’s decision to submit any Content does not place Maveny in a position that is any different from the position held by members of the general public, including with regard to User’s Content. None of User’s Content will be subject to any obligation of confidence on the part of Maveny, and Maveny shall not be liable for any use or disclosure of any Content User provide.

8. User agrees that User is responsible for all data charges User incur through use of the Service.

9. Maveny prohibits crawling, scraping, caching or otherwise accessing any content on the Service via automated means (except as may be the result of standard search engine protocols or technologies used by a search engine with the express consent of Maveny).

Intellectual Property Rights

1. As a Maveny user, User agrees that User shall not infringe on the intellectual property of another user, by using, appropriating, copying, modifying or distributing their work. As a submitter of work, User agrees to release and hold harmless any reader who may receive User’s work by engaging this Service, provided that such reader is in compliance with these terms and conditions. As a user of this Service, User agrees to release from liability and hold harmless Maveny and its affiliated companies, staff and community of users.

2. Maveny hereby grants to User a non-transferable license to use the Service. User may not distribute or make the Service available over a network where it could be used by multiple devices at the same time. User may not rent, lease, lend, sell, redistribute or sublicense the Service. User may not copy (except as expressly permitted by this license), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Service, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Service). Any attempt to do so is a violation of the rights of Maveny. If User breaches this restriction, such a breach shall constitute a material breach and User may be subject to prosecution, civil action and damages. These Terms shall govern any upgrades provided by Maveny that replace and/or supplement the original Service, unless such upgrade is accompanied by updated terms in which case such updated terms shall govern.

3. Maveny does not claim ownership of, or any intellectual property rights in, any Content that User posts on or through the Service. Solely to facilitate the purposes of the Service, User hereby grants to Maveny a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use the Content that User posts on or through the Service, subject to the privacy policy of Maveny, including use of any content for the creation of surveys, contests, pitches, machine learning models and other essential usage for proper working of the Service, provided, that such license may not be commercially exploited by third parties. In the event that Maveny elects to exercise this license to use User’s submissions in Maveny’s promotional materials, Maveny undertakes that it will exercise good faith efforts to receive User’s prior consent to such use.

4. User represents and warrants that: (i) User owns the Content posted by User on or through the Service or otherwise has the right to grant the rights and licenses set forth in these Terms; (ii) the posting and use of User’s Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) User agrees to be liable for all royalties, fees, and any other monies owed by reason of Content User posts on or through the Service; and (iv) User has the legal right and capacity to enter into these Terms in User’s jurisdiction.

5. The Service contains content owned or licensed by Maveny (“Maveny Content”). Maveny Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between User and Maveny, Maveny owns and retains all rights in the Maveny Content and the Service. User shall not remove, alter or conceal any copyright, trademark or other proprietary rights notices incorporated in or accompanying the Maveny Content and User will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Maveny Content.

6. The Maveny name and logo are trademarks of Maveny, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Maveny. In addition, all page headers, custom graphics, button icons and scripts are proprietary rights of Maveny, and may not be copied, imitated or used, in whole or in part, without prior written permission from Maveny.

7. Maveny bears no responsibility for the registration, protection or monitoring of user intellectual property rights, including but not limited to copyright, in any content submitted by any Maveny user. Maveny strongly encourages User to ensure the registration and protection of User’s intellectual property rights in the relevant jurisdictions prior to submitting work to the Service, but User expressly acknowledges that Maveny shall not undertake such actions on User’s behalf. User agrees to release and hold harmless Maveny Parties from any liability related to the monitoring and enforcement of intellectual property rights in any content User submit to and through the Service, unless Maveny is required to do so by order of a court of competent jurisdiction.

Third Parties

1. There may be links from the Service, or from communications User receives from the Service, to third-party (mobile) applications, websites or features. The Service may also include third-party content that Maveny does not control, maintain or endorse. Maveny does not control any of these third-party web services or any of their content. User expressly acknowledges and agrees that Maveny is in no way responsible or liable for any such third-party services or features. Maveny strongly advises User to read the terms and conditions and privacy policies of any third-party web sites or services that User visits.

2. User may choose, at User’s sole and absolute discretion and risk, to use applications that connect the Service or User’s profile on the Service with a third-party service (each, an “Application”) and such Application may interact with, connect to or gather and/or pull information from and to User’s Service profile. By using such Applications, User acknowledges and agrees to the following: (i) if User uses an Application to share information, User is consenting to information about User’s profile on the Service being shared; (ii) User’s use of an Application may cause personally identifying information to be publicly disclosed and/or associated with User, even if Maveny has not itself provided such information; and (iii) User’s use of an Application is at User’s own option and risk, and User shall hold the Maveny Parties (as defined below) harmless for activity related to the Application.

No Warranty

1. The Service, including, without limitation, Maveny Content, is provided on an “as is”, “as available” and “with all faults” basis. To the fullest extent permissible by law, neither Maveny nor any of its directors, employees, managers, officers, partners, affiliates or agents (collectively, the “Maveny Parties”) make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (a) the Service; (b) the Maveny Content; (c) user content; or (d) security associated with the transmission of information to Maveny or via the Service. In addition, the Maveny Parties hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.

2. The Maveny Parties do not represent or warrant that the Service will be error-free or uninterrupted; that defects will be corrected; or that the Service or the server that makes the Service available is free from any harmful components, including, without limitation, viruses. The Maveny Parties do not make any representations or warranties that the information (including any instructions) on the Service is accurate, complete, or useful.

3. Although it is the intention of Maveny for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.

4. User acknowledges that User’s use of the Service is at User’s sole risk. The Maveny Parties do not warrant that User’s use of the Service is lawful in any particular jurisdiction, and the Maveny Parties specifically disclaim any such warranties. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to User to the extent such jurisdiction’s law is applicable to User and these Terms.

5. By accessing or using the Service, User represents and warrants that User’s activities are lawful in every jurisdiction where User accesses or uses the Service, and that Maveny is entitled to reasonably rely upon this representation and warranty.

6. The Maveny Parties do not endorse Content and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any content.

Limitation of Liability

1. To the extent not prohibited by law, in no event shall the Maveny Parties be liable to User for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages) that are directly or indirectly related to:

a. the Service;

b. the Maveny Content;

c. user content;

d. User’s use of, inability to use, or the performance of the Service;

e. any action taken in connection with an investigation by the Maveny Parties or law enforcement authorities regarding User’s or any other party’s use of the Service;

f. any action taken in connection with copyright or other intellectual property owners;

g. any errors or omissions in the service’s operation; or

h. any damage to any user’s computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if the Maveny Parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort (including, without limitation, whether caused in whole or in part by negligence, acts of god, telecommunications failure, or theft or destruction of the service).
2. In no event shall the Maveny Parties be liable to User or anyone else for loss, damage or injury, including, without limitation, death or personal injury. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to User. In no event shall the Maveny Parties total liability to User for all damages, losses or causes or action exceed the amount of €50. The foregoing limitations shall apply even if the above stated remedy fails of its essential purpose.
3. User agrees that in the event User incurs any damages, losses or injuries that arise out of acts or omissions of Maveny, the damages, if any, caused to User are not irreparable or sufficient to entitle User to any injunctive relief, including but not limited to an injunction preventing any exploitation of any website, service, property, product or other content owned or controlled by the Maveny Parties, and User shall have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any website, property, product, service, or other content owned or controlled by the Maveny Parties.

4. Maveny bears no responsibility for the actions, content, information, or data of third parties, including other Maveny users, and User releases Maveny, its directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim User may have against any such third parties.

5. User agrees that any claim User may have arising out of or related to User’s relationship with Maveny shall be filed within one year after such claim arose; otherwise, User’s claim is permanently barred.

Indemnification

User agrees to defend (at the request of Maveny), indemnify and hold the Maveny Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of User’s direct activities on the Service or those conducted on User’s behalf):
1. User’s Content or User’s access to or use of the Service;

2. User’s breach or alleged breach of these Terms;

3. User’s violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right;

4. User’s violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or

5. any misrepresentation made by User to Maveny or users of the Service.

User shall cooperate as fully required by Maveny in the defense of any claim. Maveny reserves the right to assume the exclusive defense and control of any matter subject to indemnification by User, and User shall not in any event settle any claim without the prior written consent of Maveny.
Partial Invalidity

If, at any time, any provision of these Terms is or becomes illegal, invalid or unenforceable in any respect under any law of any jurisdiction, neither the legality, validity or enforceability of the remaining provisions nor the legality, validity or enforceability of such provision under the law of any other jurisdiction will in any way be affected or impaired.

No Waiver

Failure of Maveny to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition.

Territorial Restrictions

1. The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Maveny to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that Maveny provides.

2. No software from the Service may be downloaded, exported or re-exported: (a) into any European Union and/or U.S. embargoed countries or (b) to anyone on a sanction list maintained by the European Union and/or the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By downloading any software related to the Service, User represent and warrant that User are not located in, under the control of, or a national or resident of, any such country or on any such list.

Changes

1. Maveny reserves the right, in our sole discretion, to change these Terms (“Updated Terms”) from time to time without prior notice to User.

2. Unless Maveny make a change for legal or administrative reasons, Maveny will make good faith efforts to provide reasonable advance notice before the Updated Terms become effective. User agrees that we may notify User of the Updated Terms by posting them on the Service, and that User’s use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes User’s agreement to the Updated Terms. Therefore, User should review these Terms and any Updated Terms before using the Service.

3. The Updated Terms shall be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to User’s use of the Service from that point forward. These Terms will govern any disputes arising before the effective date of the Updated Terms.

Governing law and jurisdiction

1. These Terms, and any non-contractual obligations arising out of or in connection with it, are governed by and construed in accordance with the laws of the Netherlands.

2. The Parties agree that any and all disputes, claims or controversies arising out of or relating to this Agreement shall be submitted for mediation to an agreed upon alternative dispute resolution service provider. Unless the Parties agree otherwise, the mediation shall be conducted by a single, qualified mediator within ninety (90) days after one of the Parties makes a demand for mediation. If the matter is not resolved through mediation, then it shall be submitted to the same alternative dispute resolution provider or before an agreed upon arbitrator who is a retired superior or appellate court judge. The arbitration shall take place within ninety (90) days after the mediation is concluded. The provisions of this Section and the arbitrator’s award shall be conclusive and binding on the Parties and may be filed for enforcement in an Amsterdam court. The Party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including but not limited to attorneys’ fees, to be paid by the Party against whom enforcement is ordered. ]

How to contact us

If you have any questions about these Terms of the Service, please send an email to hello@maveny.com.